Ships’ deck gets hot, he didn’t know it, so, of course it’s Celebrity’s fault.

https://nypost.com/2018/05/13/man-files-lawsuit-after-scalding-his-feet-on-cruise-ship/

20 Answers

Sorry but I only see the article in the NY Post and the British Daily Mail.  Both media outlets that I take with a huge grain of salt.  

 

Trying to see if I can find the article given out by a media outlet with a more upright repute.  

Sometimes these lawsuit claims are bogus, as this type tabloid piece could be (a book was written a while back illustrating many of these that evidence indicated never occurred) but this one does appear to be legitimate. The guy had nerve problems in his lower legs. It would seem extra caution would have been exercised by an individual suffering an impediment like that.

 

A few years ago, on a long cruise, a group of us would get together and a bridge representative would address us, answering questions later. One time the staff captain was telling us about what the industry was up against when dealing with guests suffering extreme disabilities, particularly with advanced dementia cases. He said it was so bad that sometimes family members would drop off, at the gangway, someone for a cruise who could in no way fend for themselves.

Thanks for the info Kennicott.  

 

I've seen similar incidents that you mentioned at the airport.  People getting dropped off that have a very hard time getting around by themselves.  My airline actually had an incident in another city where a lady was left to fly alone by her family.  She could barely fend for herself.  She ended up being severely injured in the airport after her flight (on our airline) and died from her injuries.  The family tried to blame us but she was way out of our responsibility by the time she had her accident.  Also the family should have been a lot more thoughtful and had someone accompany her. 

 

What ever happened to "uncommon sense". The courts are always full of frivolous law suites where if the rules of common sense were applied the piece of paper filed in the courts would have been burned at the outset. I tend to consider this one to be of that ilk and fail to see any merit in the charges. Besides .. I believe that the ships try to discourage walking around in bare feet do they not? Maybe that should be their defense Wink

The decks are pretty hot. I can see how it could cause burns, especially with a neuropathy condition. As to whose fault, I would say someone with neuropathy should probably wear shoes as a general rule to prevent injuries.

First question would be what was the cause of the nephropathy. Most likely diabetes. Circulatory issues in extremities is also common in diabetes and so is having a toe amputated. And since this is three years after the fact this sounds more like a money grab to me.

Just shaking my head!  You have said it all!

 

True, there are stupid lawsuits but is the system goofed up? Like they used to tell us in college, "Anybody can sue anybody for anything, however where it goes from there is another story." The burden of proof in any case is always on the plaintiff, which means the deck is stacked in favor of the defendants. "Multimillion-dollar jury verdicts rarely survive the appeals process. Yet tort reformers continue to argue that we need more barriers to file lawsuits, and statutory limitations on how much money can be awarded in the lawsuits that are filed." The real truth is that big corporations who push for tort reform don’t want the bad press and public scrutiny that accompanies trials where people are severely injured or killed. Instead, they prefer to enter into confidential settlements that the public never knows about. 

 

"What tort reformers don’t tell you is that the legal system already has three safety mechanisms in place to prevent, dismiss, and correct frivolous lawsuits and runaway jury verdicts.  Contingent-fee agreements, Directed verdicts, and Summary judgements. In addition,  businesses sue each other far more often than they are sued by individuals. Don't forget, large jury verdicts are the exception, and not the rule. When juries do return large verdicts, the plaintiffs usually settle for less than verdict or see the verdict reduced or overturned by an appellate court.

 

Widely publicized lawsuit claims are sometimes erroneous too, often posted to stir up emotional animosity toward the US legal system or by ideologically motivated "tort reformers"---Excerpt: "Claim:   Six outrageous-but-real lawsuits showcase the need for tort reform." "This “and you wonder what’s wrong with the world today?” whinge appeared on the Internet in May 2001. All of the entries in the list are fabrications: a search for news stories about each of these cases failed to turn up anything, as did a search for each law case."----https://www.snopes.com/fact-check/stella-awards/

 

A person that age should have had a little common sense! 

After 20 years in Risk Management litigation......I can believe people will file insurance and injury cases for anything and everything.  As my first supervisor taught me "Stupidity is compensable "  When I wanted to deny a case because "he was stupid to do that"

 

I wounder if he files a case with the city when the sidewalk is hot during summer time.

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